Breach of written contract in Maryland
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Valid contract
Offer, acceptance, consideration, and sufficiently definite terms. In writing, as required.
2
Performance or excuse
The plaintiff performed, tendered performance, or was excused.
3
Breach
The defendant failed to do what the contract required.
4
Damages
The breach caused a measurable loss. Expectation damages are the usual measure.
Burden of proof
Preponderance of the evidence.
A Maryland fact pattern
Breach of written contract in maryland.
Statute of limitations
3 years
Md. Code, Cts. & Jud. Proc. § 5-101
From breach of a simple contract.
- A specialty or instrument under seal can sit on twelve years under § 5-102.